Warranties for Builders and Remodelers
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Customers expect warranties. You provide them to show you stand behind your work. But are you adequately protecting yourself and your business?Profit from the legal wisdom of the National Association of Home Builders staff attorneys. The authors provide new information about warranties based on research for NAHB members on hundreds of warranty issues. The second edition of Warranties for Builders and Remodelers helps inform and protect builders and remodelers. It addresses the changes to state statutes of repose applicable to construction and changes and additions to the mandatory notice provisions in states that have these laws. It also includes the new mandatory notice provision for Washington, DC.Warranties for Builders and Remodelers, second edition, presents, clear explanations of implied warranties, statutory warranties, warranties imposed by courts, and more, sample language and formats for warranty documents, your rights and responsibilities and the recommended practices and procedures, tips for drafting warranties that work, state-by-state list of cases and statutes applicable to construction claims. Builder and remodeler warranties are among the most important issues affecting the construction industry. With the guidance of your attorney and this book, you can learn how to properly use warranties to market your services and avoid expensive mistakes.
List of Figures vAcknowledgments viiAbout the Authors ixIntroduction xiExpress Warranties 1Written Versus Oral 1Exclusive Warranty 2Limited Warranty 2Implied Warranties 5Sample Case Law 7Disclaimers 9Disclaimers of Implied Warranties 9Sample Case Law 14The Warranty Document 17Sample Warranty Forms 20Claims Procedures 37Be Proactive in Approaching Your Building Project 38Establish and Implement Best Practices 38Construction Performance Guidelines 40Notice and Opportunity to Repair (NOR) Legislation 41Common Components of NOR Legislation 41States Without NOR Legislation 44Alternative Dispute Resolution 55Mediation 55Arbitration 56Statutory Warranties 61California, Cal. Civil Code [section] 895-[section] 945.5 61Connecticut, Conn. Gen. Stat. Ann. [section] 47-116-[section] 47-121 62Indiana, Ind. Code [section] 32-27-2-1-[section] 32-27-2-11 63Louisiana, La. Rev. Stat. Ann. [section] 9:3141-[section] 9:3150 63Maine, Me. Rev. Stat. Ann. [section]1487(10.) 64Maryland, Md. Code Ann., Real Prop. [section] 10-604-[section] 10-610 64Minnesota, Minn. Stat. [section] 327A.01-[section] 327A.08 65Mississippi, Miss. Code [section] 83-58-1-[section] 83-58-17 65New Jersey, N.J. Stat. Ann. [section] 46:3B-1-46:3B-20 66New York, N.Y. Gen. Bus. [section] 777-[section] 777(b) 66Texas, Tx. Property Code [section] 430.001-[section] 430.011 and Tx. Administrative Code [section] 304.1-[section] 304.3 67Virginia, Va. Code Ann. [section] 55-70.1 68Warranties Mandated by HUD 71The Magnuson-Moss Warranty Act 73Statutes of Repose Applicable to Construction Claims by State 79Cases and Statutes, State by State 87Glossary 135Resources 139Organizations 139Publications 140Index 143
